McDonnell v Ireland

JurisdictionIreland
Judgment Date01 January 1996
Date01 January 1996
CourtHigh Court
(H.C., S.C.)
(H.C.)
McDonnell
and
Ireland

- Statute - Declaration of invalidity - Effect of declaration -Whether declaration of unconstitutionality rendered statute void ab initio - Constitution of Ireland, 1937, Articles 15.4, 25.5.1.

By virtue of s. 34 of the Offences Against the State Act, 1939, whenever a person holding an office in the civil service was convicted by a Special Criminal Court of a scheduled offence, such as membership of an unlawful organisation, such person would, immediately on conviction forfeit such office. By virtue of the Postal and Telecommunications Services Act, 1983, the functions of the Minister for Posts and Telegraphs were transferred to the fourth defendant. Further, by s. 45 (1) the fourth defendant was to accept into its employment on the vesting day every person who immediately before the vesting day was a member of the staff of the Department of Posts and Telegraphs and was designated by the Minister for employment by that company. By virtue of s. 2 (1) of the Postal and Telecommunications Services (Amendment) Act, 1984, any claim in respect of loss or injury alleged to have been suffered by any person arising out of the exercise before the vesting day of functions assigned to the fourth defendant was to lie against the fourth defendant and not the State nor the third defendant. Section 11 (2) of the Statute of Limitations, 1957, limits the time within which an action founded on tort may be instituted by a plaintiff to six years from the date on which the cause of actions accrued. The plaintiff was a fully established civil servant working in the postal service from 1963. In May, 1974, he was arrested and charged with membership of a proscribed organisation. Immediately, he was served with notice of suspension from duty. He was tried and convicted of the offence charged by the Special Criminal Court. Pursuant to s. 34 of the Act of 1939, the plaintiff was deemed to have automatically forfeited his position in the civil service as a result of his conviction on the 30 May, 1974. On his release, he applied in March, 1975, for re-instatement. His application was refused on the basis that he had automatically forfeited his position. Following the establishment of the fourth defendant in 1984, the plaintiff again sought reinstatement. This was refused on the basis that he had automatically forfeited his position upon conviction and furthermore he was not a designated person pursuant to s. 45 of the Act of 1983. In...

To continue reading

Request your trial
19 cases
  • Lockwood v Ireland and Others
    • Ireland
    • High Court
    • 10 December 2010
    ... ... 2005 3 IR 228 KEATING v JUDGE CROWLEY & ORS UNREP SUPREME 12.5.2010 2010 IESC 29 BROOKS v METROPOLITAN POLICE CMSR & ORS 2005 1 WLR 1495 2005 2 AER 489 Z & ORS v UNITED KINGDOM 2002 34 EHRR 3 2001 2 FLR 612 2001 2 FCR 246 10 BHRC 384 EXTRADITION ACT 1965 MCDONNELL v IRELAND & ORS 1998 1 IR 134 NEGLIGENCE Duty of care Victim of crime - Infringement of constitutional right - Cause of action - Breach of duty by member of gardaí charged with carrying out public function - Liability to suit of An Garda Síochána - Whether requirement ... ...
  • Pullen and Others v Dublin City Council and Human Rights Commission
    • Ireland
    • High Court
    • 28 May 2009
    ... ... APPLICATION NO 16424/90 HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997 S21 DEALE THE LAW OF LANDLORD & TENANT IN THE REPUBLIC OF IRELAND 1968 262 FENNELL v DUBLIN CITY COUNCIL 2005 1 IR 604 HOUSING Housing authority Warrant for possession - Summary ... 2003 S3(5) EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003 S5(1) HOUSING ACT 1966 S3(2) CONSTITUTION ART 34.3.2 MCDONNELL v IRELAND 1998 1 IR 134 GIFFORD v DUBLIN CITY COUNCIL UNREP SMYTH 20.11.2007 2007 IEHC 387 EUROPEAN CONVENTION ON HUMAN RIGHTS ACT ... ...
  • Kennedy v The Law Society
    • Ireland
    • High Court
    • 30 July 2003
    ... ... LAW SOCIETY OF IRELAND & ORS BETWEEN GILES J. KENNEDY CARRYING ON PRACTICE UNDER THE STYLE OF GILES J. KENNEDY AND COMPANY APPLICANT AND ... SOLICITORS ACCOUNTS REGS (NO 2) 1984 SI 304/1984 GLENCAR EXPLORATION PLC V MAYO CO COUNCIL 2002 1 IR 84 2002 1 ILRM 481 MCDONNELL V IRELAND 1998 1 IR 134 PINE VALLEY DEVELOPMENTS V MIN ENVIRONMENT 1987 IR 23 THE LAW OF TORTS GRUBB 2002 755 THREE RIVERS ... ...
  • McDonnell v Ireland
    • Ireland
    • Supreme Court
    • 1 January 1998
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT